The following words and terms in this section are in addition
to the definitions in Chapter 3 and Chapter 30 of this title (relating
to Definitions and Occupational Licenses and Registrations). The words
and terms in this section, when used in this chapter, have the following
(1) Aerobic digestion--The bacterial decomposition
and stabilization of sewage in the presence of free oxygen.
(2) Alter--To change an on-site sewage facility resulting
(A) an increase in the volume of permitted flow;
(B) a change in the nature of permitted influent;
(C) a change from the planning materials approved by
the permitting authority;
(D) a change in construction; or
(E) an increase, lengthening, or expansion of the treatment
or disposal system.
(3) Anaerobic digestion--The bacterial decomposition
and stabilization of sewage in the absence of free oxygen.
(4) Apprentice--An individual who has been properly
registered with the executive director according to Chapter 30 of
this title (relating to Occupational Licenses and Registrations),
and is undertaking a training program under the direct supervision
of a licensed installer.
(5) Authorization to construct--Written permission
from the permitting authority to construct an on-site sewage facility
showing the date the permission was granted. The authorization to
construct is the first part of the permit.
(6) Authorized agent--A local governmental entity that
has been delegated the authority by the executive director to implement
and enforce the rules adopted under Texas Health and Safety Code,
(7) Borehole--A drilled hole four feet or greater in
depth and one to three feet in diameter.
(8) Certified professional soil scientist--An individual
who has met the certification requirements of the American Society
of Agronomy to engage in the practice of soil science.
(9) Cesspool--A non-watertight, covered receptacle
intended for the receipt and partial treatment of sewage. This device
is constructed such that its sidewalls and bottom are open-jointed
to allow the gradual discharge of liquids while retaining the solids
for anaerobic decomposition.
(10) Cluster system--A sewage collection, treatment,
and disposal system designed to serve two or more sewage-generating
units on separate legal tracts where the total combined flow from
all units does not exceed 5,000 gallons per day.
(11) Commercial or institutional facility--Any building
that is not used as a single-family dwelling or duplex.
(12) Compensation--A payment to construct, alter, repair,
extend, maintain, or install an on-site sewage facility. Payment may
be in the form of cash, check, charge, or other form of monetary exchange
or exchange of property or services for service rendered.
(13) Composting toilet--A self-contained treatment
and disposal facility constructed to decompose non-waterborne human
wastes through bacterial action.
(14) Condensate drain--A pipe that is used for the
disposal of water generated by air conditioners, refrigeration equipment,
or other equipment.
(15) Construct--To engage in any activity related to
the installation, alteration, extension, or repair of an on-site sewage
facility (OSSF), including all activities from disturbing the soils
through connecting the system to the building or property served by
the OSSF. Activities relating to a site evaluation are not considered
(16) Delegate--The executive director's act of assigning
authority to implement the on-site sewage facility program under this
(17) Designated representative--An individual who holds
a valid license issued by the executive director according to Chapter
30 of this title (relating to Occupational Licenses and Registrations),
and who is designated by the authorized agent to review permit applications,
site evaluations, or planning materials, or conduct inspections on
on-site sewage facilities.
(18) Direct communication--The demonstrated ability
of an installer and the apprentice to immediately communicate with
each other, and the maintenance provider and the maintenance technician
to immediately communicate with each other.
(19) Direct supervision--The responsibility of an installer
to oversee, direct, and approve all actions of an apprentice relating
to the construction of an on-site sewage facility, or the responsibility
of a maintenance provider to oversee, direct, and approve all actions
of a maintenance technician relating to the maintenance of an on-site
(20) Discharge--To deposit, conduct, drain, emit, throw,
run, allow to seep, or otherwise release or dispose of, or to allow,
permit, or suffer any of these acts or omissions.
(21) Edwards Aquifer--That portion of an arcuate belt
of porous, waterbearing predominantly carbonate rocks (limestones)
known as the Edwards (Balcones Fault Zone) Aquifer trending from west
to east to northeast in Kinney, Uvalde, Medina, Bexar, Comal, Hays,
Travis, and Williamson Counties; and composed of the Salmon Peak Limestone,
McKnight Formation, West Nueces Formation, Devil's River Limestone,
Person Formation, Kainer Formation, Edwards Group, and Georgetown
Formation, or as amended under Chapter 213 of this title (relating
to Edwards Aquifer). The permeable aquifer units generally overlie
the less-permeable Glen Rose Formation to the south, overlie the less-permeable
Comanche Peak and Walnut formations north of the Colorado River, and
underlie the less-permeable Del Rio Clay regionally.
(22) Edwards Aquifer Recharge Zone--That area where
the stratigraphic units constituting the Edwards Aquifer crop out,
including the outcrops of other geologic formations in proximity to
the Edwards Aquifer, where caves, sinkholes, faults, fractures, or
other permeable features would create a potential for recharge of
surface waters into the Edwards Aquifer. The recharge zone is identified
as a geographic area delineated on official maps located in the agency's
central office and in the appropriate regional office, or as amended
by Chapter 213 of this title (relating to Edwards Aquifer).
(23) Extend--To alter an on-site sewage facility resulting
in an increase in capacity, lengthening, or expansion of the existing
treatment or disposal system.
(24) Floodplain (100-year)--Any area susceptible to
inundation by flood waters from any source and subject to the statistical
100-year flood (has a 1% chance of flooding each year).
(25) Floodway--The channel of a watercourse and the
adjacent land areas (within a portion of the 100-year floodplain)
that must be reserved in order to discharge the 100-year flood without
cumulatively increasing the water surface elevation more than one
foot above the 100-year flood elevation before encroachment into the
(26) Geotextile filter fabric--A non-woven fabric suitable
for wastewater applications.
(27) Gravel-less drainfield pipe--An eight-inch or
ten-inch diameter geotextile fabric-wrapped piping product without
gravel or media.
(28) Grease interceptor--Floatation chambers where
grease floats to the water surface and is retained while the clearer
water underneath is discharged.
(29) Groundwater--Subsurface water occurring in soils
and geologic formations that are fully saturated either year-round
or on a seasonal or intermittent basis.
(30) Holding tank--A watertight container equipped
with a high-level alarm used to receive and store sewage pending its
delivery to an approved treatment process.
(31) Individual--A single living human being.
(32) Install--To put in place or construct any portion
of an on-site sewage facility.
(33) Installer--An individual who is compensated by
another to construct an on-site sewage facility.
(34) Local governmental entity--A municipality, county,
river authority, or special district, including groundwater conservation
districts, soil and water conservation districts, and public health
(35) Maintenance--Required or routine performance checks,
examinations, upkeep, cleaning, or mechanical adjustments to an on-site
sewage facility, including replacement of pumps, filters, aerator
lines, valves, or electrical components. Maintenance does not include
(36) Maintenance findings--The results of a required
performance check or component examination on a specific on-site sewage
(37) Maintenance provider--An individual who maintains
on-site sewage facilities for compensation. Through August 31, 2009,
a maintenance company is a person or business that maintains on-site
sewage facilities for compensation.
(38) Maintenance technician--An individual who holds
a valid registration issued by the executive director to maintain
on-site sewage facilities and works under a maintenance provider.
(39) Malfunctioning OSSF--An on-site sewage facility
that is causing a nuisance or is not operating in compliance with
(40) Manufactured housing community--Any area developed
or used for lease or rental of space for two or more manufactured
(41) Multi-unit residential development--Any area developed
or used for a structure or combination of structures designed to lease
or rent space to house two or more families.
(42) Notice of approval--Written permission from the
permitting authority to operate an on-site sewage facility. The notice
of approval is the final part of the permit.
(A) sewage, human excreta, or other organic waste discharged
or exposed in a manner that makes it a potential instrument or medium
in the transmission of disease to or between persons;
(B) an overflow from a septic tank or similar device,
including surface discharge from or groundwater contamination by a
component of an on-site sewage facility; or
(C) a blatant discharge from an OSSF.
(44) On-site sewage disposal system--One or more systems
(A) do not treat or dispose of more than 5,000 gallons
of sewage each day; and
(B) are used only for disposal of sewage produced on
a site where any part of the system is located.
(45) On-site sewage facility (OSSF)--An on-site sewage
(46) On-site waste disposal order--An order, ordinance,
or resolution adopted by a local governmental entity and approved
by the executive director.
(47) Operate--To use an on-site sewage facility.
(48) Owner--A person who owns property served by an
on-site sewage facility (OSSF), or a person who owns an OSSF. This
includes any person who holds legal possession or ownership of a total
or partial interest in the structure or property served by an OSSF.
(49) Owner's agent--An installer, professional sanitarian,
or professional engineer who is authorized to submit the permit application
and the planning materials to the permitting authority on behalf of
(50) Permit--An authorization, issued by the permitting
authority, to construct or operate an on-site sewage facility. The
permit consists of the authorization to construct (including the approved
planning materials) and the notice of approval.
(51) Permitting authority--The executive director or
an authorized agent.
(52) Planning material--Plans, applications, site evaluations,
and other supporting materials submitted to the permitting authority
for the purpose of obtaining a permit.
(53) Platted--The subdivision of property which has
been recorded with a county or municipality in an official plat record.
(54) Pretreatment tank--A tank placed ahead of a treatment
unit that functions as an interceptor for materials such as plastics,
clothing, hair, and grease that are potentially harmful to treatment
(55) Professional engineer--An individual licensed
by the Texas Board of Professional Engineers to engage in the practice
of engineering in the State of Texas.
(56) Professional sanitarian--An individual registered
by the Texas Department of State Health Services to carry out educational
and inspection duties in the field of sanitation in the State of Texas.
(57) Proprietary system--An on-site sewage facility
treatment or disposal system that is produced or marketed under exclusive
legal right of the manufacturer or designer or for which a patent,
trade name, trademark, or copyright is used by a person or company.
(58) Recharge feature--Permeable geologic or manmade
feature located on the Edwards Aquifer Recharge Zone where:
(A) a potential for hydraulic interconnectedness between
the surface and the aquifer exists; and
(B) rapid infiltration from the on-site sewage facility
to the subsurface may occur.
(59) Recreational vehicle park--A single tract of land
that has rental spaces for two or more vehicles that are intended
for recreational use only and has a combined wastewater flow of less
than 5,000 gallons per day.
(60) Regional office--A regional office of the agency.